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(영문) 대구지방법원 상주지원 2013.11.19 2013고단359
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, facts constituting a crime are recognized by rhyming

On December 6, 2007 and September 5, 2008, the Defendant driven a motorcycle under the influence of Article 44(1) of each Road Traffic Act, but around June 16, 2013, around 17:35, the Defendant driven a D 49C Effective X-PED-50 motorcycle while under the influence of alcohol with approximately 0.232% of alcohol level 0.232% in the direction from the front side of the house of the C located in Yongsan-si around 17:35 on June 16, 2013 to the roads located in front of it.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes governing blood alcohol appraisal;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (In cases of a motorcycle, other than a motor vehicle, consideration shall be given to the fact that the defendant has suffered a serious injury due to the above driving, and that the defendant has no previous record of past five

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Training (the probation for three years and the instruction of compliance driving for 80 hours since the defendant has been sentenced twice or more to a suspended sentence of imprisonment for the same crime for the last ten years);

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